BILL NUMBER: AB 1435	CHAPTERED  09/27/99

	CHAPTER   507
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	PASSED THE SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   JULY 12, 1999
	AMENDED IN SENATE   JULY 1, 1999
	AMENDED IN ASSEMBLY   MAY 24, 1999
	AMENDED IN ASSEMBLY   APRIL 8, 1999

INTRODUCED BY   Assembly Member Briggs

                        FEBRUARY 26, 1999

   An act to amend Section 48002 of, and to add Section 48002.5 to,
the Food and Agricultural Code, relating to agriculture, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1435, Briggs.  Agriculture:  navel and Valencia oranges.
   Existing law provides for a Navel and Valencia Orange Advisory
Committee in the Department of Food and Agriculture for the purpose
of, among other things, overseeing the implementation of an
inspection program pertaining to standards for orange maturity and
freeze damage as provided by statute or regulation. Existing law
requires producers of navel and Valencia oranges that are grown in
this state and prepared for fresh market in certain counties of the
state to pay an assessment based upon the number of cartons shipped.
The assessment is for the purpose of conducting an inspection
program in certain counties in the state.
   This bill, in addition, would authorize an assessment of these
producers not to exceed 2 mills per carton to fund a program within
the department to provide the industry with a state crop estimating
service and an acreage survey.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 48002 of the Food and Agricultural Code is
amended to read:
   48002.  (a) In addition to any other assessment, fees, or charges
that may be required pursuant to this code, producers of navel
oranges and Valencia oranges that are grown in this state and
prepared for fresh market in the counties specified in subdivision
(d) shall pay an assessment that shall not exceed 9 mills ($0.009)
per carton for navel oranges and 4 mills ($0.004) per carton for
Valencia oranges.  The assessment shall be:
   (1) Based on the number of cartons shipped.
   (2) Used to reimburse agricultural commissioners, pursuant to a
memorandum of understanding between the department and the
commissioners, in the counties specified in subdivision (d) who meet
the requirements of the inspection program as determined by the
committee and concurred in by the secretary.
   (3) Used to establish a reserve to fund the frost inspection
program.  The reserve amount shall be determined by the advisory
committee.  However, that amount shall not exceed the average annual
expenditure for the program.
   (4) Collected from the producer by the first handler.  For the
purposes of this chapter, "producer" means a grower of navel oranges
or Valencia oranges and "handler" means a person or entity who
receives navel oranges or Valencia oranges from a producer and who
prepares the oranges for fresh market.  If a producer prepares the
oranges for market, the producer shall be deemed the handler.
   (5) Remitted to the department by the first handler, along with an
assessment form, at the end of each month during the marketing
season.
   (6) Deposited in the Department of Food and Agriculture Fund or,
upon the recommendation of the committee, deposited in accordance
with Section 227 or Article 2.5 (commencing with Section 230) of
Chapter 2 of Part 1 of Division 1.
   (b) In no case shall:
   (1) The total amount reimbursed to all counties exceed the total
amount collected from the producers in all counties, unless reserve
moneys are required for the frost inspection program.  However, the
authorized expenditures shall not exceed the combined total of
reserve moneys and revenue received in that fiscal year.
   (2) The reimbursement to any county exceed the amount approved by
the committee and concurred in by the secretary.
   (c) If the inspection program is terminated and there are
insufficient funds to cover the cost of terminating the inspection
program, the assessment shall continue until all those costs are
recovered.
   (d) Assessments collected pursuant to this section are for the
purpose of conducting an inspection program in the Counties of
Fresno, Kern, Madera, Orange, Riverside, San Bernardino, Santa Clara,
Tulare, and Ventura.  The county agricultural commissioners of those
counties shall provide an inspection program if the expenses of the
program are reimbursed pursuant to paragraph (2) of subdivision (a).
A producer shall not be required to pay assessments unless the
county agricultural commissioners of those counties provide an
inspection program in accordance with this chapter, unless otherwise
recommended by the committee and approved by the secretary.
  SEC. 2.  Section 48002.5 is added to the Food and Agricultural
Code, to read:
   48002.5.  In addition to any other assessment, fees, or charges
that may be required pursuant to Section 48002 or any other provision
of this code, producers of navel oranges and Valencia oranges that
are grown in this state and prepared for fresh market in the Counties
of Fresno, Kern, Madera, Orange, Riverside, San Bernardino, Santa
Clara, Tulare, and Ventura shall pay an assessment not to exceed 2
mills ($0.002) per carton.  The assessment shall be:
   (a) Based on the number of cartons shipped.
   (b) Used to fund a program within the department to provide the
industry with a state crop estimating service and an acreage survey.

   (c) Collected from the producer, as defined in paragraph (4) of
subdivision (a) of Section 48002, by the first handler.
   (d) Remitted to the department by the first handler, along with an
assessment form, at the end of each month during the marketing
season.
   (e) Deposited in a separate account in the Department of Food and
Agriculture Fund.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to fund, as soon as possible, a program to provide a
state crop estimating service and acreage survey for growers of navel
oranges and Valencia oranges, it is necessary that this act take
effect immediately.
